Determining Truck Accident Liability in South Carolina

If you or your loved one have been injured in a truck accident in South Carolina, call Luke today at (843) 379-3285 for a free consultation. We will fight for your justice!

If you were injured in a truck accident in South Carolina, proving liability will be a key first step toward recovering just compensation for your losses. In order to file a successful claim, you need to be able to prove who (or what company) was responsible for causing the collision. While proving truck accident liability is easier said than done, an experienced lawyer can help, and you will want to speak with a lawyer as soon as possible.

Proving Liability in a Truck Accident 

Proving liability in a truck accident starts with conducting an on-scene investigation. Since evidence can disappear quickly, it is important that this investigation takes place as soon as possible. Some examples of types of evidence that may be available at the scene of the accident include: 

• Tire marks
• Vehicle debris on the side of the road
• Damaged signposts, guardrails, or vegetation 
• Traffic signs and traffic signal patterns
• Evidence of the weather and road conditions at the time of the crash

While conducting an on-scene investigation is critical for proving truck accident liability, building your claim may involve gathering evidence from a variety of other sources as well. Some examples of other types of evidence that can be used to prove liability in a truck accident include: 

• Traffic camera or surveillance camera footage
• Cell phone photos and videos
• Eyewitness testimony 
• The truck driver’s cell phone records
• The truck driver’s driving log
• The truck’s maintenance history  
• The truck’s telematics (or “black box”) data
• The truck’s shipping manifest 
• An inspection report for each vehicle involved in the crash
• Recall notices or other evidence of truck defects 

Another key step in many cases is to hire an accident reconstructionist. Accident reconstructionists are experts who can use the types of evidence listed above (among others) to piece together the events leading up to a crash. Then, they create a computer simulation of the accident. These computer simulations are admissible in court, and they can also be highly persuasive in settlement negotiations with the insurance companies. 

Of course, you could play an important role as well. In many cases, accident victims’ testimony or sworn statements can be key to proving liability in a truck accident. Whether you have a clear recollection of what happened or you can only remember bits and pieces, it will be important to work with your lawyer to document as many details as you can recall. 

When Can I Sue for a Commercial Truck Accident?

After collecting as much evidence as possible, your lawyer should be able to determine if you can sue for your truck accident. When it comes to deciding whether to sue, there are two key factors to consider: 

• Liability – The first key factor is liability. This is what we have been discussing above. In order to file a lawsuit, you need to be able to prove who (or what company) is liable for your truck accident. Potential grounds for liability in truck accident cases range from speeding and reckless driving to truck maintenance issues and defects. 
• Damages – If you can prove liability, then the next key factor is how much you are entitled to recover. Your recoverable losses in a truck accident case are referred to as your damages. While truck accidents often leave victims facing significant and long-term losses, it will be important to make sure it is worth moving forward in your particular case. 

Along with “When can I sue for a commercial truck accident?” another key question is “Who can I sue after a truck accident?”

Determining who you can sue involves understanding why the accident happened. Once you know why the accident happened, this will tell you (or your lawyer) who is liable for your damages. Some examples of companies that are frequently liable for truck accidents in South Carolina include: 

• Automotive and product manufacturers
• Gas and utility companies 
• Grocery stores and retailers 
• Moving companies 
• Trucking companies

Like the types of evidence listed above, these are just examples. Understanding your legal rights requires a comprehensive assessment of the specific facts and circumstances of your case. To give yourself the best chance of holding the appropriate company(ies) accountable, you should speak with a lawyer as soon as possible. 

Get a Free Consultation About Your Legal Rights Today 

Do you need to know more about proving your legal rights after a truck accident in South Carolina? If so, we encourage you to contact us promptly. To arrange a free consultation with attorney Luke Paulick, call 843-379-3285 or tell us how we can get in touch online now.